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Home My WebLink About20201357 Ver 1_Initial Evaluation Letter_20210315Strickland, Bev From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil> Sent: Monday, March 15, 2021 8:17 AM To: Catherine Manner; Adam McIntyre Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haywood, Casey M CIV (USA); Davis, Erin B; Munzer, Olivia; Wilson, Travis W.; Bowers, Todd; Youngman, Holland J; Gledhill-earley, Renee; Jones, M Scott (Scott) CIV USARMY CESAW (USA) Subject: [External] Initial Evaluation Letter for WLS Catawba 01 UMB - Starker Mitigation Site (SAW-2020-01540) Attachments: SAW-2020-01540 WLSCatawba01 UMB-StarkerMitSite InitialEvalwComments 12March2021.pdf; SAW-2020-01540_WLSCatawba0l UMB-StarkerMitSite_PJD.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good afternoon, Please find attached the Initial Evaluation Letter for the WLS Catawba 01 UMB - Starker Mitigation Site (SAW-2020- 01540), including all comments generated during the public notice period and the minutes from the field IRT visit on September 30, 2020. Also, attached is the pjd requested for the site. You may proceed with developing the draft mitigation plan and feel free to contact me with any questions. Regards, Steve Kichefski Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District, Asheville Field Office 151 Patton Avenue, Suite 208 Asheville, NC 28801 (828)-271-7980 Ext. 4234 (828)-933-8032 cell The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online. i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 March 12, 2021 Regulatory Division SUBJECT: Initial Evaluation of the proposed WLS Catawba 0l Umbrella Mitigation Bank: Starker Mitigation Site (SAW-2020-01540) Water & Land Solutions, LLC Attention: Mr. Adam V. McIntyre adam@waterlandsolutions.com Dear Mr. McIntyre: This letter is in regard to your prospectus document dated October 2020, for the proposed WLS Catawba 01 Umbrella Mitigation Bank including the Starker Mitigation Site. The proposal consists of the establishment and operation of a commercial umbrella mitigation bank in the Upper Catawba Watershed, Hydrologic Unit Code (HUC) 03050101 of the Santee River Basin. The Starker mitigation site is a 30.3-acre stream and wetland mitigation site located east of Banner Road, between Conover and Claremont in Catawba County, North Carolina (35.7198, - 81.1742). The Corps determined the prospectus was complete and issued a public notice (P/N # SAW- 2020-01540) on November 9, 2020. The purpose of this notice was to solicit the views of interested State and Federal agencies and other parties either interested in or affected by the proposed work. Attached are the comments received in response to the public notice from the Cherokee Nation. The Corps has considered the information provided in the prospectus document, comments received in response to the public notice and information that was discussed during on -site reviews conducted on September 30, 2020. The meeting minutes for field review are attached and no additional revisions to the meeting minutes were provided by IRT members. We have determined that the proposed umbrella mitigation bank appears to have the potential to restore and enhance aquatic resources within the Upper Catawba Watershed, HUC 03050101 of the Santee River Basin. Therefore, the bank sponsor may proceed with preparation of a draft Umbrella Mitigation Banking Instrument (UMBI). Please address all comments included in the attached memo with your draft UMBI submittal. If you have questions concerning the path forward for the proposed mitigation bank, please do not hesitate to contact me at 828-271-7980 x4234. Sincerely, Steve Kichefski Steve Kichefski Regulatory Project Manager Digital Copies Furnished: Todd Tugwell, USACE Casey Haywood, USACE Kim Browning, USACE Erin Davis, NCDWR Olivia Munzer, NCWRC Travis Wilson, NCWRC Todd Bowers, USEPA Holland Youngman, USFWS Renee Gledhill -Early, NCSHPO Digitally signed by Steve Kichefski Date: 2021.03.12 19:11:58 -05'00' DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 CESAW-RG/Kichefski MEMORANDUM FOR RECORD March 12, 2021 SUBJECT: Proposed WLS Catawba 01 Umbrella Mitigation Bank (SAW-2020-01540) - Comments Received in Response to the Public Notice and during the September 30, 2020 site visit reflected in the October 1, 2020 Meeting Minutes Project Name: WLS Catawba 01 Umbrella Mitigation Bank, Catawba County, NC Elizabeth Toombs, Cherokee Nation, December 9, 2020: SEE ATTACHED COMMENTS Olivia Munzer, NCWRC: SEE ATTACHED MEETING MINUTES Erin Davis, NCDWR: SEE ATTACHED MEETING MINUTES Steve Kichefski & Todd Tugwell, USACE, March 8, 2020 SEE ATTACHED MEETING MINUTES Steve Kichefski Regulatory Project Manager cWY.D D3P CHEROKEE NATION® P.Q. Box 948 • Tahlequah, OK 74465-0948 918.453-5000 • www.chcrokcc.org December 9, 2020 Steven Kichefski United States Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Re: SAW-2020-01540, WLS Catawba 01 Umbrella Mitigation Bank Mr. Steven Kichefski: Office of the Chief Chuck Hoskin Jr. Principal Chief Bryan Warner Deputy Principal Chief The Cherokee Nation (Nation) is in receipt of your correspondence about SAW-2020-01540, and appreciates the opportunity to provide comment upon this project. Please allow this letter to serve as the Nation's interest in acting as a consulting party to this proposed project. The Nation maintains databases and records of cultural, historic, and pre -historic resources in this area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal description against our information, and found no instances where this project intersects or adjoins such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee cultural resources at this time. However, the Nation requests that the United States Army Corps of Engineers (USACE) halt all project activities immediately and re -contact our Offices for further consultation if items of cultural significance are discovered during the course of this project. Additionally, the Nation requests that USACE conduct appropriate inquiries with other pertinent Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included in the Nation's databases or records. If you require additional information or have any questions, please contact me at your convenience. Thank you for your time and attention to this matter. Wado, Elizabeth Toombs, Tribal Historic Preservation Officer Cherokee Nation Tribal Historic Preservation Office elizabeth-toombs@cherokee.org 918.453.5389 WATER & LAND SOLUTIONS Meeting Minutes Starker Mitigation Project Subject: NCIRT Draft Prospectus Site Meeting Date Prepared: October 1, 2020 Meeting Date and Time: September 30, 2020 @ 11:00 am Meeting Location: On Site (Catawba County, NC) Attendees: USACE: Todd Tugwell, Steve Kichefski (NCIRT) NCDEQ DWR: Erin Davis (NCIRT) NCWRC: Olivia Munzer (NCIRT) EPR: Erin Bennett, Jake Byers, Amy James WLS: Daniel Ingram, Catherine Manner Recorded By: Catherine Manner These meeting minutes document notes and discussion points from the North Carolina Interagency Review Team (NCIRT) Draft Prospectus Site Meeting for the Starker Mitigation Project (Catawba Basin, CU 03050101). The project site is located in Catawba County, near Claremont, North Carolina. The meeting began at 11:00am with a general summary of the overall project concepts. After the site overview, attendees toured the project site to review existing conditions and proposed mitigation types, restoration approaches, and design concepts. In general, the project site review notes are presented below in the order they were visited. Group started on the south side of Interstate 40 S100 (End of Reach) • Meeting started at the bottom end of S100 at the crossing. • Discussed how the culvert would be an agricultural culvert. Steve noted that at the permitting stage to make it clear that is an agriculture crossing. • IRT noted a lot of Black Walnut species and to avoid planting that species, and remove existing black walnut as needed (do not avoid). • WLS stated that we were unsure of continuing the project past the crossing, Todd was concerned that if we didn't it might cause stability issues upstream. waterlandsolutions.com I 7721 Six Forks Rd, Ste 1130, Raleigh, NC 27615 I 919-614-5111 WATER & LAND SOLUTIONS • Restoration design approach was thought to be the correct approach for the reach. S101 • Group walked up to S101. • Steve/Daniel walked up to the origin point. Origin point was located at the end of the conservation easement for that section. • Discussion on how the elevation of the channel needs to be brought up correctly to connect into S100 and intermittent stream flow might be affected • Group agreed on the restoration approach. S100 (Below Interstate-40) • Group drove to the culvert output below Interstate-40 and hiked down the hill to the stream. • Discussed restoration approach and raising the bed to match culvert elevation. Talked about how even with raising the streambed elevation not much aquatic passage would result because of how long the culvert is under the interstate. S200 (above crossing) • Group drove across field to S200 and walked from the crossing up to the culvert under Interstate 40. • Daniel explained that enhancement II was proposed in the section between the culvert and the crossing below. • Group discussion on the amount of sediment that appeared to be moving through the channel as well as the lack of vegetation on the banks which might lead to stability issues. • Discussed that restoration could be proposed in this area if justified in the mitigation plan. • Group walked down the stream below the culvert. Discussion on if restoration approach was used above the crossing then the elevation could be set for the crossing culvert and the entire reach in the design. • Group continued to walk 5200 below the crossing. Todd stated that there were some areas that looked okay and others that were not, Erin Davis stated that the vegetation was not ideal. • Group agreed that restoration was the best approach to the section below the crossing. S200 (North of Interstate-40) • Group drove to the north side of the project and started on S200. • Walking downstream on S200 group discussed restoration approach and what elevation this section would be brought up too. Todd suggested placing a bmp in areas where run off is coming into the easement if possible. S100 (North of Interstate-40) • Group drove over to S100 and started at the wetland area. Erin Davis stated that rehabilitation would be a good approach up until the wood line and then inside the wood line enhancement would be a better approach. • IRT suggested adding a wetland gage now in order to document existing conditions and demonstrate functional lift. • Erin Davis inquired about the target hydroperiod and WLS responded we would follow the current 2016 IRT guidance. waterlandsolutions.com I 7721 Six Forks Rd, Ste 1130, Raleigh, NC 27615 I 919-614-5111 WATER & LAND SOLUTIONS S102 • Walked upstream to S102. Group looked at origin point. • IRT stated that if the restoration approached was used that WLS would have to show that it was still jurisdictional. S103 • Group had similar concerns about S103 as they did with S102. WLS would have to show that it was still a jurisdictional feature after the bed elevation is brought up. Overall Notes • Steve suggested starting the easement about 15-20ft off the ROW of the interstate in case of future expansion. WLS/EPR will coordinate with NCDOT during design phase regarding culvert capacity and extra ROW width. • After seeing above and below the interstate the IRT thought that a restoration approach for the section of S200 south of the interstate would be appropriate if clearly justified in the mitigation plan. • Erin Davis noted that WLS should clearly state what the target community is in the mitigation plan. • Overall the IRT members agreed the project is suitable to provide compensatory mitigation, provided it is properly justified in the mitigation plan. • WLS will provide a "Final Prospectus" and table of adjacent owners for public notice. The above minutes represents Water & Land Solutions' interpretation and understanding of the meeting discussion and actions. If recipients of these minutes should find any information contained in these minutes to be in error, incomplete, please notify the author with appropriate corrections and/or additions within five (5) business days to allow adequate time for correction and redistribution. waterlandsolutions.com I 7721 Six Forks Rd, Ste 1130, Raleigh, NC 27615 I 919-614-5111 SAW-2020-01540 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01540 County: Catawba U.S.G.S. Quad: NC- Newton NOTIFICATION OF JURISDICTIONAL DETERMINATION Water & Land Solutions, LLC Catherine Manner 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 919-614-5111 catherine(awaterlandsolutions.com Nearest Town Conover River Basin Santee Coordinates Latitude: 35.72226 Longitude: -81.17203 Location description: The project area for the Starker Mitigation Site is located east if Banner Road, between Conover and Claremont in Catawba County, North Carolina. The site is bisected by Interstate 40 between mile markers 133 and 135. 30.3 Mull Creek 03050101 Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/20/2020, submitted via email September 15, 2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2020-01540 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Steve Kichefski at 828-271-7980 ext. 4234 or steven.l.kichefski@usace.armv.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 03/12/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Steve Ki c h of s ki Digitally signed by Steve Kichefski Date: 2021.03.12 18:46:49-05'00' Date of JD: 03/12/2021 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 LEGEND Q CONSERVATION EASEMENT PROJECT STREAMS EXISTING WETLANDS STARKER MITIGATION BANK POTENTIAL JURISDICTIONAL FEATURES MAP OVERVIEW PREPARED BY: ECOSYSTEM PLANNING & EPR RESTORATION FIGURE 2 CATAWBA COUNTY, NC AUGUST 2020 • Wetland E r‘ 5-- • .••• -,; , • -• • • • f - • e , LEGEND MI CONSERVATION EASEMENT PROJECT STREAMS EXISTING WETLANDS •• 0 75 150 Feet STARKER MITIGATION BANK POTENTIAL JURISDICTIONAL FEATURES MAP 4 S200 7 PREPARED BY: ECOSYSTEM PLANNING RESTORATION 11/ FIGURE 2A CATAWBA COUNTY, NC AUGUST 2020 Wetland A-1 It LEGEND Q CONSERVATION EASEMENT PROJECT STREAMS EXISTING WETLANDS STARKER MITIGATION BANK POTENTIAL JURISDICTIONAL FEATURES MAP PREPARED BY: ECOSYSTEM PLANNING & EPR RESTORATION FIGURE 2B CATAWBA COUNTY, NC AUGUST 2020 64 LEGEND Q CONSERVATION EASEMENT PROJECT STREAMS EXISTING WETLANDS STARKER MITIGATION BANK POTENTIAL JURISDICTIONAL FEATURES MAP PREPARED BY: ECOSYSTEM PLANNING & EPR RESTORATION FIGURE 2C CATAWBA COUNTY, NC AUGUST 2020 LEGEND MI CONSERVATION EASEMENT PROJECT STREAMS EXISTING WETLANDS • •`-- ?'' 4.• X• M'''' ...1-1. ;, ,.„ ,' p• ,:: ..., , ' '.::.`• - 0 100 200 Feet STARKER MITIGATION BANK POTENTIAL JURISDICTIONAL FEATURES MAP PREPARED BY: ECOSYSTEM PLANNING & RESTORATION FIGURE 2D CATAWBA COUNTY, NC AUGUST 2020 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Manner Water & Land Solutions, LLC, Catherine File Number: SAW-2020-01540 Date: 03/12/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. x SECTION Additional or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. V SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the However, you may provide additional information to clarify record. review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that MINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Steve Kichefski Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/12/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Water & Land Solutions, LLC, Catherine Manner, 7721 Six Forks Road, Suite 130, Raleigh, NC 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, WLS Catawba 01 UMB — Starker Mitigation Site, SAW-2020-01540 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area for the Starker Mitigation Site is located east if Banner Road, between Conover and Claremont in Catawba County, North Carolina. The site is bisected by Interstate 40 between mile markers 133 and 135. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Catawba City: Conover Center coordinates of site (lat/long in degree decimal format): Latitude: 35.72226 Longitude: -81.17203 Universal Transverse Mercator: Name of nearest waterbody: Mull Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: March 12, 2021 ® Field Determination. Date(s): September 30, 2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude V (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) S100 35.726936 -81.175431 5,418 linear ft. Non -wetland waters; perennial stream Section 404 S200 35.722431 -81.178252 4,220 linear ft. Non -wetland waters; perennial stream Section 404 S 101 35.718675 -81.167732 80 linear ft. Non -wetland waters; intermittent stream Section 404 S102 35.726800 -81.175242 92 linear ft. Non -wetland waters; intermittent stream Section 404 S103 35.727514 -81.175651 81 linear ft. Non -wetland waters; intermittent stream Section 404 Wetland A (WA) 35.726300 -81.175047 1.2 acres Wetland Section 404 Wetland B (WB) 35.724651 -81.173859 0.03 acre Wetland Section 404 Wetland C (WC) 35.724229 -81.173741 0.03 acre Wetland Section 404 Wetland D (WD) 35.724193 -81.173371 0.03 acre Wetland Section 404 Wetland E (WE) 35.722391 -81.178292 0.04 acre Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Newton; 1:24,000 ® Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: ❑ Photographs: ❑Aerial (Name & Date): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): (National Geodetic Vertical Datum of 1929) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Steve Kichefski Digitally signed by Steve Kichefski Date: 2021.03.12 18:47:36 -05'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.